AS AMENDED ON SEPTEMBER 13, 2004
CITY OF SALISBURY, MARYLAND
#16 MEETING AUGUST 23, 2004
Council President Michael P. Dunn Council Vice President Michael H. Day
Councilwoman Lynn B. Cathcart Councilman Gary A. Comegys
Councilwoman Lavonzella Siggers Mayor Barrie P. Tilghman
City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, ICMA-CM, City Solicitor Paul Wilber, Finance Director John Cawley, Fire Chief David See, Police Chief Allan Webster, Director of Procurement & Parking Carol Turner, CPPB, C.P.M., Deputy Public Works Director Chip Messick, Planning & Zoning Director Jack Lenox, and interested Citizens and Members of the Press.
CONVENING - ADOPTION OF AGENDA
The City Council and Mayor met in regular session at 6:00 p.m. in Council Chambers. Council President Dunn called the meeting to order. The Lord's Prayer and the Pledge of Allegiance were recited. On a motion by Mr. Comegys and seconded by Mr. Day, the agenda as presented was unanimously approved.
APPROVAL OF AUGUST 9, 2004 MINUTES
The August 9, 2004 minutes were unanimously approved upon a motion and a second by Mrs. Cathcart and Mr. Day, respectively.
CHAMBER OF COMMERCE PRESENTATION
Ms. Stephanie Willey, President of the Chamber of Commerce, and Mr. Donnie Williams of SAPOA provided an overview of the plans and programs (in cooperation with various community businesses) for welcoming back Salisbury University students to the community.
Messrs. Comegys and Dunn applauded everyone’s efforts who participated in this program. Mrs. Cathcart appreciated that there was a phone number to call if a problem arose. Ms. Siggers shared her concerns of rental housing not being available to single families because of renting to college students with some families even being displaced for student rentals. Ms. Siggers also suggested placing a cap on the rent charged to students to ease the hardship.
PROCLAMATION PROCLAIMING “WBOC-TV DAY”
Mayor Tilghman presented a proclamation proclaiming August 24, 2004 as “WBOC-TV Day” in Salisbury in recognition of WBOC’s 50 years of public service to our community. Mr. Rick Jordon accepted the proclamation on behalf of WBOC.
AWARD OF BIDS
Ms. Siggers moved and Mrs. Cathcart seconded to approve the Award of Bids. Ms. Carol Turner presented the following items:
1. Compix Medial Character Generator (19500-577030; over budget) . . . . . . . . . . $1,510.00
Washington Professional Systems ($3,020)
2. LAN Network Upgrade (84080-577035; unbudgeted) . . . . . . . . . . . . . . . . . . . . .$7,100.00
Business Information Group
3. BNR Upgrade for WWTP, Change Order No. 4 (80678-513020-55003) . . . . . $28,764.00
O’Brien & Gere Engineers, Inc.
The above items were unanimously approved.
PUBLIC HEARING - ORDINANCE NO. 1910 - 1ST READING - TEXT AMENDMENT TO SALISBURY MUNICIPAL CODE
Ms. Siggers moved and Mr. Comegys seconded to approve Ordinance No. 1910 for first reading. Planning & Zoning Director Jack Lenox introduced Ordinance No. 1910 amending Section 17.216.050(E), Signs which may be erected in any district, of the Salisbury Municipal Code. Mr. Lenox noted that a typographical error had been identified in the recommended language – word “minimum” should be “maximum.” In addition, after review by the Council in a work session, it was recommended that the time period be changed from “two months” to “ninety days.”
Mr. Comegys moved and Mr. Day seconded to amend Ordinance No. 1910 by revising Section 17.216.050(E) to read as follows:
“Temporary real estate signs indicating the sale, rental or lease of the premises on which it is located, with a maximum area of eight square feet nonilluminated; provided that premises in the R-5, R-8, and R-10 zoned districts shall only display rental signs ninety days prior to lease termination and shall be removed after the premises is rented.”
The amendment passed unanimously. No public comments were received. Ordinance No. 1910, as amended on first reading, passed unanimously.
ORDINANCE NO. 1911 - 2ND READING - AMENDING FY05 PARKING AUTHORITY BUDGET
Ms. Siggers moved and Mr. Comegys seconded to approve Ordinance No. 1911 for second reading. Director of Procurement & Parking Carol Turner presented Ordinance No. 1911 amending the FY05 Parking Authority budget to provide for the purchase of Parking Lot #13 (Bell Plaza) from Cavalier Resources for $130,000 plus settlement fees of $2,692.40.
Ordinance No. 1911 for second reading passed unanimously.
RESOLUTION NO. 1143 - AMENDMENT TO WAIVER OF EMS SERVICE FEES POLICY
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No 1143. Fire Chief David See introduced Resolution No. 1143 amending the Salisbury Fire Department’s policy for waiving emergency medical services fees to also include honorary and auxiliary members of the department.
Resolution No. 1143 was unanimously approved.
RESOLUTION NO. 1144 - ACCEPTING GIFT OF AUTOMATIC DEFIBRILLATOR
Mrs. Cathcart moved and Ms. Siggers seconded to approve Resolution No. 1144. Resolution No. 1144, as reviewed by Fire Chief David See, accepts the gift of an automatic external defibrillator from the members of Salisbury Fire Department, Inc., Station #16.
Resolution No. 1144 passed unanimously.
RESOLUTION NO. 1145 - ACCEPTING DONATION TO THE SALISBURY POLICE DEPARTMENT
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1145. Police Chief Allan Webster introduced Resolution No. 1145 accepting a $1,000 donation from Mr. Hebreux St. Fleur. The funds will be used to purchase exercise equipment for the Salisbury Police Department’s fitness room.
Resolution No. 1145 was unanimously approved.
RESOLUTION NO. 1146 - ACCEPTING GRANT FUNDS IN COOPERATION WITH THE WICOMICO COUNTY HEALTH DEPARTMENT
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1146. Police Chief Allan Webster presented Resolution No. 1146 accepting $5,000 in grant funds in cooperation with the Wicomico County Health Department to provide for overtime reimbursement to police officers participating in party patrols intended to reduce violations of the open container law.
Resolution No. 1146 passed unanimously.
RESOLUTION NO. 1147 - ACCEPTING GRANT FUNDS AWARDED THROUGH THE MARYLAND STATE POLICE CEASE FIRE COUNCIL
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1147. As explained by Police Chief Allan Webster, Resolution No. 1147 accepts $63,613 in grant funds awarded through the Maryland State Police Cease Fire Council. The funds will be used to provide overtime reimbursement, training, equipment and the availability of citizen reward money to be used by officers assigned to the Salisbury Police Department Project Exile.
Resolution No. 1147 was unanimously approved.
RESOLUTION NO. 1148 - APPOINTMENTS TO HISTORIC DISTRICT COMMISSION
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1148. Mayor Tilghman presented Resolution No. 1148 and recommended the following appointments to the Historic District Commission:
Name Term Ending
Virginia Layfield 7/07
Donna Katz 9/06
Resolution No. 1148 passed unanimously.
EAST SIDE MEN’S CLUB PROPERTY TAX CREDIT REQUEST
Mr. Comegys moved and Mr. Day seconded to approve the East Side Men’s Club property tax request. As required by the Tax-Property Code, Section 9-324, Mr. Cliff Shahan and Mr. Mike Stein requested a tax exemption for the East Side Men’s Club – $1,702 in property tax and $840 in personal property tax.
The tax credit request for East Side Men’s Club was unanimously granted.
COMCAST RATE FILING - ISSUANCE OF TOLLING ORDER
Ms. Siggers moved and Mrs. Cathcart seconded to approve the issuance of a Tolling Order. Finance Director John Cawley reported that a Tolling Order would provide an additional 60 days for the City to go through the due diligence review on the 1240 and 1205 filings by Comcast. Mrs. Cathcart opined that what Comcast did to the Limited Basic Service was reprehensible – channels that people on limited incomes enjoyed the most were moved elsewhere. Mr. Comegys and Mr. Day mentioned that they also had received complaints on the change in channel programming. Ms. Siggers agreed with Mrs. Cathcart and Messrs. Comegys and Day.
The issuance of a Tolling Order was unanimously approved.
Mr. James Trader commented on the following issues: 1) leaks in City garage; 2) condition of east prong of the river; 3) condition of properties between Lake Street and the north prong of the river (i.e., abandoned petroleum storage tanks); and 4) Traffic Commission meetings. Mr. Kenneth Holland recalled that the City used to have a skimmer which was very effective in cleaning the river.
With no further business, the meeting adjourned at 7:02 p.m.
CITY OF SALISBURY
CLOSED EXECUTIVE SESSION
SEPTEMBER 9, 2004
TIME & PLACE: 5:00 p.m., Room 305 - City/County Government Building
PURPOSE: Personnel matter - Nomination for Community Development Director
VOTE TO CLOSE: 4 - aye; 1 - abstain
CITATION: Annotated Code of Maryland Section 10-508(a)(1)
PRESENT: Council President Michael P. Dunn, Council Vice President Michael H. Day, Councilwoman Lynn B. Cathcart, Councilman Gary A. Comegys, Councilwoman Lavonzella Siggers, Mayor Barrie P. Tilghman, City Clerk Brenda Colegrove
At 5:00 p.m., in Conference Room 305 of the City/County Government Building, Mr. Comegys moved and Mr. Day seconded to convene in Closed Executive Session to discuss the nomination for the Community Development Director as permitted under the Annotated Code of Maryland Section 10-508(a)(1). All voted aye with the exception of Ms. Siggers’ abstention.
Mayor Tilghman put forth her nomination for the new Community Development Director position. After a brief discussion, a consensus was reached to confirm Mayor Tilghman’s recommendation.
On a motion and a second by Mr. Comegys and Mrs. Cathcart, respectively, the closed session adjourned at 5:13 p.m.
City Clerk Council Vice President